• Privilege

    Global Privilege Issues

    [NOTE: my friend and law school classmate Greg Schuetz co-authored this piece, which appeared in the June issue of “The Docket,” the monthly publication of the Association of Corporate Counsel. Greg is Chief Legal Officer for Messer Americas, an industrial and medical gases company based in Bridgewater, New Jersey.  Previously, he was General Counsel-Americas and Head of Global Litigation for The Linde Group, a global gases company, headquartered in Munich, Germany.  Before joining Linde, he managed domestic and international automotive product liability for DaimlerChrysler Corporation, litigated civil disputes at Feeney Kellett Wiener & Bush in Bloomfield Hills, Michigan, and served as an Assistant United States Attorney in Detroit.] Few doctrines are…

  • Cocktails,  Congressional Investigations,  DOJ

    Spring Drinks, Bill Barr, Bruce Lee

    I loathe Cinco de Mayo cocktails. They are generally ill-conceived and ill-prepared. But, if you insist, here is a set of recipes from Cowboys and Indians — I don’t name ’em, I just report ’em — and from the Houston Chronicle. For a step up, here are a recipes for Spring and Summer cocktails from Forbes, Refinery29, Marie Claire, and Fatherly that are worth reading (especially the bourbon cocktails in Fatherly). Bitterness reflects much white-collar work. This article from Town & Country about Aperol is worth reading: The Best Aperol Cocktails to Sip Al Fresco. Recent footage of the Attorney General and Congress reminds one of vintage Bruce Lee and…

  • Obstruction of Justice,  Special Counsel

    Mueller Notes

    In the torrent of comments on the report submitted by Special Counsel Robert Mueller, here are mine from Law 360: Jack Sharman, who served as special counsel on the House Financial Services Committee during the Whitewater investigation and is now a partner at Lightfoot Franklin & White LLC, agreed that those findings in the report raise serious questions for Congress going forward. “There may be misconduct here, not criminal misconduct, and it may be up to the political branch to resolve that, and not in the hands of an Article II prosecutor,” Sharman said. Sharman said there is typically “a little bit of a shadow dance that takes place” when…

  • Cocktails,  Crime Fiction,  Music

    Spring Break Meditation

    It is the end of Spring Break, at least where I write. The end of the week always puts one in mind of the spring-breaker classic “Where The Boys Are” (1960). Here, after everyone else has left the beach and gone back to school, Merritt (Delores Hart) ponders love with Brown senior Ryder (George Hamilton): Crime Fiction To keep you current, here is a “Revue of Reviewers” from Rap Sheet, as well as recent reviews from the Irish Times, the Guardian and Crime Fiction Lover. Music An updated “White Collar Wire” is out on Spotify. New this week are Liily, The White Buffalo, Johannes Brahms, The Allman Brothers, Black Sabbath,…

  • Bribery,  Universities

    “Varsity Blues” and Lou Reed

    Two practical, timely articles on the “Varsity Blues” matter from my Lightfoot colleagues. First, Tenley Armstrong and Henry Gimenez in University Business: Revelations from the Justice Department’s recent “Operation Varsity Blues” admissions investigation—and resulting indictments—have rocked the college landscape. In its wake, all institutions of higher education should assess the implications of the scandal and reevaluate the compliance measures in place to prevent similar conduct on their campuses. Read the entire article: After “Operation Varsity Blues,” universities must reevaluate compliance Then, Brandon Essig and Brian Kappel in Law360: All changed last week with the DOJ’s announcement that it had again used the same mob-fighting toolkit to investigate and bring criminal…

  • Music

    Music for White-Collar Crime

    The “White Collar Wire” playlist on Spotify has been updated: New entrants since the last update include Arnold Schoenberg, Howard Shore, Dire Straits, Gary Clark, Jr., and The Cold Stares.

  • Fashion,  Special Counsel,  Trials, Judges and Jurors

    White-Collar Spotify Playlist Update (Roger Stone Edition)

    All things evolve, or at least update.  The White Collar Wire playlist on Spotify is no exception.  As I have noted before, “scoring” a playlist for white-collar crime is an uncertain business.  Appropriate compositions pop up across genres, however, and will likely continue to do so.  (For earlier consumers of the playlist, new material starts with “I Fought The Law” and goes through the end).  This update includes: The Clash | Brian Fallon | Pink Floyd | Henry Mancini | Meek Mill | Barney Kessel | Dawes | Middle Brother | The Allman Brothers | Scotty Bahama | Paul Englishby | Benjamin Del Shreve | Hozier| The Oscar Peterson Trio…

  • Congressional Investigations

    Clairol, Cohen and Congressional Staff Depositions

    With the ongoing saga of Michael Cohen’s appearance or non-appearance before Congress reminiscent of an old Clairol commercial (“Does he or doesn’t he testify?”), plus the new majority in Congress, my colleague Logan Matthews and I thought it appropriate to address for our friends at White Collar Law 360 the sometimes obscure but always menacing topic of Staff Depositions And The New Congress’ Investigations: Michael Cohen, President Donald Trump’s former lawyer, has withdrawn his offer to testify before Congress, citing what he believes to be safety concerns. Cohen may or may not ever testify — he is to report to federal prison in March. Either way, the dustup over Cohen may presage…

  • DOJ

    Radio, Barr and Churchill

    The photo above is not me, but I did have a good time on SiriusXM’s POTUS channel with host Olivier Knox of “The Big Show” discussing William Barr’s confirmation hearings to be Attorney General.  Listen here: Consistently with the photo above, I just finished Churchill: Walking With Destiny. Written by British historian Andrew Roberts, it is a powerful, compelling one-volume biography of perhaps the greatest leader of the twentieth century; certainly the leader to whom we owe the most in predicting and preserving civilization from the successive onslaughts of Prussian militarists; Hitler and the Nazis; and Stalin and the Soviets.  A man full of faults, certainly, but more than enough…